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TAG: executive power
Executive Power under the Constitution: A Presidential and Parliamentary System Compared
In an article published in the University of Colorado Law Review, Dr Adam Webster (with Associate Professor Gabrielle Appleby, UNSW Law) compares the two systems of executive government under the US presidential system and the Australian parliamentary system. This article was presented at the 23rd Annual Ira C. Rothgerber Jr. Conference on Constitutional Law at […]
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Australia’s war powers and the role of parliament
In an article published on The Conversation, Dr Gabrielle Appleby, Deputy Director of the Public Law and Policy Research Unit, examines Australia’s war powers and the role of parliament. Click here to read Gabrielle’s article.
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UPCOMING SEMINAR – Buying power: State procurement policies and labour standards
The Australian Labour Law Association and the Australian Association of Constitutional Law are proud to present: Buying power: State procurement policies and labour standards In two recent decisions (Construction, Forestry, Mining and Energy Union v State of Victoria [2013] FCA 445 and Construction, Forestry, Mining and Energy Union v McCorkell Constructions Pty Ltd (No […]
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Where will the Powers of the Royal Commission into Child Abuse Come From?
While there has been much discussion and debate over the scope of the terms of reference and powers of the proposed Royal Commission into Child Abuse, there has been little consideration of the constitutional basis for these powers. Gabrielle Appleby considers this important aspect of the Commission’s establishment. On 12 November 2012 the Prime Minister […]
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Upcoming event on the Commonwealth’s spending power from the Australian Association of Constitutional Law
The South Australian Chapter of the Australian Association of Constitutional Law is proud to host The High Court’s New Spectacles: Re-envisioning executive power after Williams v Commonwealth On 20 June 2012, the High Court changed our understanding of the nature of the Commonwealth’s executive power. With some exceptions, the Commonwealth may not enter into contracts […]
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The High Court school chaplains case and what it means for Commonwealth funding
On 20 June 2012, the High Court struck down the National School Chaplaincy Program. The Adelaide Law School’s Gabrielle Appleby published the following piece on The Conversation. Today, the High Court of Australia dramatically altered the previously understood scope of the Commonwealth’s power to spend money and enter into contracts. This decision has immediate repercussions […]
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The States and the MRRT: Putting Short-term Politics before Long-term Strategy?
So Fortescue Metals is threatening a constitutional challenge against the Mineral Resource Rent Tax, passed by the Parliament in late March. This is unsurprising: Andrew Forrest has been vocally opposed to the deal negotiated between Prime Minister Gillard and the big mining companies from its inception. And why shouldn’t it? Fortescue Metals has nothing to […]
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